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MANGJIT SINGH & ORS versus DIDAR SINGH & ORS

High Court of Punjab and Haryana, Chandigarh

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Mangjit Singh & Ors v. Didar Singh & Ors - RSA-4781-2004 [2006] RD-P&H 402 (30 January 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA No.4781 of 2004

Date of Decision: 3.02.2006

Parties Name

Mangjit Singh and others

Appellants

versus

Didar Singh and others

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Amardeep Singh Gill, Advocate for the appellants JUDGMENT

Respondent No.1, by claiming himself a co-parcener, filed suit for declaration to the effect that he be declared as joint owner in possession of the property, in dispute, to the extent of 7/18th share, in the property,

description of which was given in his plaint. In the written statement, co- parcenery nature of the property, was admitted by the appellants.

Subsequent thereto, they tried to wriggle out of the said admission and moved application for amendment, which was dismissed and that order has become final. Suit was decreed. Appellants failed in appeal. Hence, this Regular Second Appeal.

Both the Courts below have found it as a matter of fact that the property, in dispute, was co-parcenery in nature, as such, father of the appellants was having no authority to will away share of the respondent- plaintiff in the property, in dispute. No case is made out for interference in pure findings of fact as counsel has failed to raise any substantial question of law at the time of arguments.

Dismissed.

February 03, 2006 ( Jasbir Singh )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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